Patna High Court
Ashutosh Kumar @ Ashutosh SinghversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner, subject to a bond and sureties.
Summary
The petitioner, Ashutosh Kumar, sought bail in a case registered under Sections 25(1‑b)a and 26 of the Arms Act, alleging that no weapon or ammunition was recovered from his possession and that the police failed to comply with Section 105 of the BNSS during the seizure. The prosecution argued that a country‑made pistol and two live cartridges were found at his house and highlighted his prior criminal antecedents in two other cases. The petitioner contended innocence and false implication, while the State opposed bail on the ground of his criminal history. After hearing both sides, the Court found merit in the petitioner's claim of procedural lapses and decided to grant bail. The bail was conditioned on a bond of Rs. 10,000 with two sureties of equal amount, subject to the satisfaction of the Chief Judicial Magistrate, Samastipur.
Issues considered
- Whether bail should be granted to the accused under the Arms Act provisions.
- Whether the seizure complied with Section 105 of the BNSS.
- Impact of the accused's prior criminal antecedents on bail eligibility.
Legislation cited
Subjects
- bail
- Arms Act
- seizure procedure
- Section 105 compliance
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20563 of 2026
Arising Out of PS. Case No.-413 Year-2025 Thana- KALYANPUR District- Samastipur
======================================================
Ashutosh Kumar @ Ashutosh Singh S/o Braj Kishore Mahto @ Birju Mahto
@ Birju Singh R/o Village- Kalyanpur Ward No.2, P.S- Kalyanpur, Dist-
Samastipur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shashank Shekhar, Advocate
Ms. Mili Kumari, Advocate
For the Opposite Party/s : Mr. Jitendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 31-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Kalyanpur P.S. Case No. 413 of 2025 registered for the
offence punishable under Sections 25(1-b)a, 26 of the Arms Act.
3. The case of the prosecution, in short, is that from
the house of this petitioner, one country made pistol and two
live cartridges were recovered.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. He also submits that nothing has been recovered from the
possession of this petitioner. The witnesses of the seizure list are
Patna High Court CR. MISC. No.20563 of 2026(2) dt.31-03-2026
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police personnel and the police has not complied with Section
105 of the BNSS while making the seizure. Moreover, the
petitioner is languishing in judicial custody since 09.12.2025.
5. The application for bail is opposed by learned APP
for the State and submits that the petitioner is having criminal
antecedent of two cases.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned Chief
Judicial Magistrate, Samastipur in connection with Kalyanpur
P.S. Case No. 413 of 2025.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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